Section 1. K.S.A. 1995 Supp. 75-6104 is hereby amended to read
as follows: 75-6104. A governmental entity or an employee acting
within the scope of the employee's employment shall not be liable
for damages re- sulting from:

(a) Legislative functions, including, but not limited to, the
adoption or failure to adopt any statute, regulation, ordinance or
resolution;

(b) judicial function;

(c) enforcement of or failure to enforce a law, whether valid or
in- valid, including, but not limited to, any statute, rule and
regulation, or- dinance or resolution;

(d) adoption or enforcement of, or failure to adopt or enforce,
any written personnel policy which protects persons' health or
safety unless a duty of care, independent of such policy, is owed
to the specific indi- vidual injured, except that the finder of
fact may consider the failure to comply with any written personnel
policy in determining the question of negligence;

(e) any claim based upon the exercise or performance or the
failure to exercise or perform a discretionary function or duty on
the part of a governmental entity or employee, whether or not the
discretion is abused and regardless of the level of discretion
involved;

(f) the assessment or collection of taxes or special
assessments;

(g) any claim by an employee of a governmental entity arising
from the tortious conduct of another employee of the same
governmental en- tity, if such claim is (1) compensable pursuant to
the Kansas workers compensation act or (2) not compensable pursuant
to the Kansas workers compensation act because the injured employee
was a firemen's relief association member who was exempt from such
act pursuant to K.S.A. 44-505d, and amendments thereto, at the time
the claim arose;

(h) the malfunction, destruction or unauthorized removal of any
traf- fic or road sign, signal or warning device unless it is not
corrected by the governmental entity responsible within a
reasonable time after actual or constructive notice of such
malfunction, destruction or removal. Nothing herein shall give rise
to liability arising from the act or omission of any governmental
entity in placing or removing any of the above signs, signals or
warning devices when such placement or removal is the result of a
discretionary act of the governmental entity;

(i) any claim which is limited or barred by any other law or
which is for injuries or property damage against an officer,
employee or agent where the individual is immune from suit or
damages;

(j) any claim based upon emergency management activities, except
that governmental entities shall be liable for claims to the extent
provided in article 9 of chapter 48 of the Kansas Statutes
Annotated;

(k) the failure to make an inspection, or making an inadequate
or negligent inspection, of any property other than the property of
the gov- ernmental entity, to determine whether the property
complies with or violates any law or rule and regulation or
contains a hazard to public health or safety;

(l) snow or ice conditions or other temporary or natural
conditions on any public way or other public place due to weather
conditions, unless the condition is affirmatively caused by the
negligent act of the govern- mental entity;

(m) the plan or design for the construction of or an improvement
to public property, either in its original construction or any
improvement thereto, if the plan or design is approved in advance
of the construction or improvement by the governing body of the
governmental entity or some other body or employee exercising
discretionary authority to give such approval and if the plan or
design was prepared in conformity with the generally recognized and
prevailing standards in existence at the time such plan or design
was prepared;

(n) failure to provide, or the method of providing, police or
fire pro- tection;

(o) any claim for injuries resulting from the use of any public
property intended or permitted to be used as a park, playground or
open area for recreational purposes, unless the governmental entity
or an employee thereof is guilty of gross and wanton negligence
proximately causing such injury;

(p) the natural condition of any unimproved public property of
the governmental entity;

(q) any claim for injuries resulting from the use or
maintenance of a public cemetery owned and operated by a
municipality or an abandoned cemetery, title to which has
vested in a governmental entity pursuant to K.S.A. 17-1366 through
17-1368, and amendments thereto, unless the governmental entity or
an employee thereof is guilty of gross and wanton negligence
proximately causing the injury;

(r) the existence, in any condition, of a minimum maintenance
road, after being properly so declared and signed as provided in
K.S.A. 68- 5,102, and amendments thereto;

(s) any claim for damages arising from the performance of
community service work other than damages arising from the
operation of a motor vehicle as defined by K.S.A. 40-3103, and
amendments thereto;

(t) any claim for damages arising from the operation of vending
ma- chines authorized pursuant to K.S.A. 68-432 or K.S.A. 1995
Supp. 75- 3343a, and amendments thereto; or

(u) providing, distributing or selling information from
geographic in- formation systems which includes an entire formula,
pattern, compilation, program, device, method, technique, process,
digital database or system which electronically records, stores,
reproduces and manipulates by com- puter geographic and factual
information which has been developed in- ternally or provided from
other sources and compiled for use by a public agency, either alone
or in cooperation with other public or private entities.

A governmental entity shall not be liable for damages under
subsection (d) of K.S.A. 65-445 and amendments thereto or
subsection (e) of K.S.A. 1995 Supp. 65-6804 and amendments thereto
for any action of an em- ployee or former employee who has violated
the provisions of subsection (d) of K.S.A. 65-445 and amendments
thereto or subsection (e) of K.S.A. 1995 Supp. 65-6804 and
amendments thereto.

The enumeration of exceptions to liability in this section shall
not be construed to be exclusive nor as legislative intent to waive
immunity from liability in the performance or failure to perform
any other act or function of a discretionary nature.

Sec. 2. K.S.A. 1995 Supp. 75-6104 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and
after its publication in the statute book.